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Rights and Responsibilities
The longstanding philosophical, political and legal debate over the nature of rights has recently sprung into a raging liberal/communitarian controversy. With this book, Trakman and Gatien leap into the fray, presenting a powerful critique and reconceptualization of liberal rights theory.
Data Protection Law
This book provides a comparison and practical guide for academics, students, and the business community of the current data protection laws in selected Asia Pacific countries (Australia, India, Indonesia, Japan Malaysia, Singapore, Thailand) and the European Union. The book shows how over the past three decades the range of economic, political, and social activities that have moved to the internet has increased significantly. This technological transformation has resulted in the collection of personal data, its use and storage across international boundaries at a rate that governments have been unable to keep pace. The book highlights challenges and potential solutions related to data protection issues arising from cross-border problems in which personal data is being considered as intellectual property, within transnational contracts and in anti-trust law. The book also discusses the emerging challenges in protecting personal data and promoting cyber security. The book provides a deeper understanding of the legal risks and frameworks associated with data protection law for local, regional and global academics, students, businesses, industries, legal profession and individuals.
The Digital Economy and International Trade
Data flows are the backbone of today’s diversified value and supply chains. In this timely book, a prominent specialist in transnational commercial and private law explores a developing and evolving area of law related to the role of the digital economy in international trade, making a direct call for the need to internationalise the law regulating transnational data flows. Examining the commonalities and divergences in data flow regulation among ten key jurisdictions – Australia, Indonesia, India, Canada, Japan, Singapore, New Zealand, the United Kingdom, the United States, and the European Union – the book covers such issues and topics as the following: reconciling data free flow wit...
International Commercial and Investor-State Arbitration
This thought-provoking book combines analysis of international commercial and investment treaty arbitration in order to examine how they have been framed by the twin tensions of ‘in/formalisation’ and ‘glocalisation’. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.
Aftermath
Based on a conference held at the University of Wisconsin Law School in Feb. 2000.
Alternative Visions of the International Law on Foreign Investment
These essays pay tribute to Muthucumaraswamy Sornarajah's illustrious career and explore alternative visions of international investment law and arbitration.
Cyber Security, Artificial Intelligence, Data Protection & the Law
This book provides a comparison and practical guide of the data protection laws of Canada, China (Hong Kong, Macau, Taiwan), Laos, Philippines, South Korea, United States and Vietnam. The book builds on the first book Data Protection Law. A Comparative Analysis of Asia-Pacific and European Approaches, Robert Walters, Leon Trakman, Bruno Zeller. As the world comes to terms with Artificial Intelligence (AI), which now pervades the daily lives of everyone. For instance, our smart or Iphone, and smart home technology (robots, televisions, fridges and toys) access our personal data at an unprecedented level. Therefore, the security of that data is increasingly more vulnerable and can be compromised. This book examines the interface of cyber security, AI and data protection. It highlights and recommends that regulators and governments need to undertake wider research and law reform to ensure the most vulnerable in the community have their personal data protected adequately, while balancing the future benefits of the digital economy.
Expedited International Arbitration
Increasingly, international commercial arbitration has come to resemble the judicial process it was intended to replace, especially in terms of speed, costs and efficiency. Arbitration institutions worldwide have adopted rules or procedures to expedite the arbitral process to address these concerns. This book brings together thirty-one distinguished practitioners, academics and experts in the field from around the world to consider in nineteen chapters how these policies and procedures, including the 2021 UNCITRAL Expedited Arbitration Rules, operate and affect international commercial arbitration, investor-State arbitration and mediation. This book presents diverse and rich perspectives on ...
Commercial Law Reports 2013
Commercial law judgments in South Africa
Dispute Settlement and the Reform of International Investment Law
This concise and insightful book studies the role of the ISDS mechanism in the legalization, and legitimacy, of the international investment law regime. Providing an interdisciplinary perspective on ISDS through the constructivist theory of international relations, this book argues that reforming ISDS can contribute to the legalization of international investment law, but such a contribution is subject to both “institutional” and “internal” limitations.
